Medicare beneficiaries increasingly rely on long-term care, and the portion of seniors needing these services will keep rising as the population ages. However, long-term care is mostly not covered by Medicare. While Medicaid fills the gap in Medicare coverage for long-term care, its complex eligibility rules can make qualifying for benefits difficult. What’s more – eligibility rules vary significantly from state to state.
Medicaid nursing home coverage
Income limits: There is no income limit, but enrollees must pay nearly all their income to the nursing home.
Nursing home enrollees are allowed to keep a $45 personal needs allowance and money to pay for health insurance premiums (such as Medicare Part B and Medigap). When only one spouse needs Medicaid, only income received by the spouse requiring nursing home benefits is paid toward care.
Assets limits: The asset limit is $2,000 per applicant. If only one spouse needs Medicaid, federal rules allow the other spouse to keep up to $148,620.
Certain assets are never counted, including many household effects, family heirlooms, certain prepaid burial arrangements, and one car. Applicants are also not allowed to have more than $688,000 in home equity.
Home and Community Based Waiver (HCBS) services
Every state’s Medicaid program covers community-based long-term care services, which are provided at home, in an assisted living facility, or another “community” setting. Medicaid programs that pay for this care are called Home and Community Based Services (HCBS) waivers because recipients continue living in the community, and don’t have to enter a nursing home.
Income limits: The income limits vary based on the program.
The following HCBS programs have an income limit that is $1,215 a month per person:
- Aging Home and Community Based Waiver
- Utah Community Supports Waiver
- Technology Dependent Children Waivers
- Brain Injury Waiver
These HCBS programs have an income limit that is $2,742 a month per applicant:
- Physical Disabilities Waiver
- New Choices Waiver
Both the Physical Disabilities Waiver and New Choices Waivers allow applicants to become eligible by “spending-down” their income to $2,742 a month if it is higher than this eligibility limit. Applicants can qualify for the other HCBS waivers despite having incomes higher than the limit for those programs by enrolling in Utah’s regular Medicaid spend-down (where the income limit is $1,133 a month).
When only one spouse needs Medicaid HCBS, the income limit for single applicants is used – and only the applying spouse’s income is counted.
Assets limits: The asset limit is $2,000 per applicant. If only one spouse needs Medicaid, spousal impoverishment rules allow the other spouse to keep up to $148,620.
HCBS recipients are not allowed to have more than $688,000 in home equity.
Spousal impoverishment protections in Utah
Eligibility rules for Medicaid LTSS programs differ from other Medicaid benefits when only one spouse is applying. When this occurs, only the applying spouse’s income is counted. With other Medicaid benefits, income received by both spouses is counted – regardless of who is applying.
Spousal impoverishment rules allow the spouses of Medicaid LTSS recipients to keep a Minimum Monthly Maintenance Needs Allowance (MMMNA) from their Medicaid spouse’s monthly income, along with resource and housing allowances. These rules apply when one spouse receives Medicaid long-term care coverage, and the other doesn’t have Medicaid.
In Utah in 2022, these “community spouses” were allowed to keep:
Medicaid home equity limit in Utah
Federal law requires states to not allow Medicaid nursing home and HCBS to applicants to have more than a certain amount in home equity. States set these home equity levels based on a federal minimum of $688,000 and maximum of $1,033,000 in 2023.
Utah uses the lowest allowed home equity limit – meaning applicants with more than $688,000 in home equity are not eligible for LTSS programs.
Penalties for transferring assets in Utah
Some individuals attempt to give away or transfer assets to make themselves eligible for Medicaid to cover the high cost of long-term care. Federal law requires states to have a penalty period for Medicaid nursing home applicants who give away or transfer assets for below their value. States can also have a penalty period for HCBS.
Utah has an asset transfer penalty for both nursing home care and HCBS. The state uses a 60-month lookback period to calculate this asset transfer penalty – meaning asset transfers or gifts made during this period may result in ineligibility. This penalty is calculated by dividing the value of asset transfers and gifts by the cost of nursing home care (which is $6,938 a month in 2023).
Estate recovery in Utah
A state’s Medicaid agency is required to recover what it paid for LTSS and related medical costs while an enrollee was 55 or older. The law allows states to also pursue estate recovery against beneficiaries who did not receive LTSS.
Utah has chosen to only recover from the estates of enrollees who receive LTSS.
When a deceased enrollee’s Medicaid coverage was administered by an insurer, the state will attempt to recover what it paid the insurer. That means the estate recovery amount could be more (or less) than the actual cost of Medicaid services received.
Utah will grant an exemption to estate recovery in cases where recovering from an estate would cause undue hardship.